HomeMy WebLinkAbout3115 AMND 9.18.020 Definitions of Behavior Constituting Nuisance
ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 9.18.020 TO INCLUDE
ADDITIONAL DEFINITIONS OF BEHAVIOR CONSTITUTING
ELEMENTS OF CHRONIC NUISANCE
Annotated to show deletions and additions to the code sections being modified. Deletions
are bold lined b and additions are bold underlined.
WHEREAS, Article 2. Section 1 of the Ashland City Charter provides:
Powers of the City. The City shall have all powers which the constitutions, statutes, and
common law of the United States and of this State expressly or impliedly grant or allow
municipalities, as fully as though this Charter specifically enumerated each of those
powers, as well as all powers not inconsistent with the foregoing; and, in addition thereto,
shall possess all powers hereinafter specifically granted. All the authority thereof shall
have perpetual succession.
WHEREAS, the City currently does not have an adequate remedy for persistent Ashland
Fire Prevention code violations which threaten the health and safety of customers or guests of
businesses or residences within the City; and
WHEREAS, the City of Ashland's Chronic Nuisance ordinance under AMC 9.18.020 is
effective at remedying persistent and inherently dangerous behavior by expediting the
abatement process;
THEREFORE, THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS
FOLLOWS:
SECTION 1. Chapter 9.18 Chronic Nuisance Property, Section 9.18.020 Definitions is
amended as follows:
Section 9.18.020 Definitions
A. Chronic Nuisance Property
Property upon which three or more of the below listed behaviors occur during any 30-day
period as a result of three separate factual incidents that have been independently
investigated by the Ashland Police Department.
1. Harassment as defined in ORS 166.065, excluding provision 1(b).
2. Intimidation as defined in ORS 166.155 through 166.165.
3. Disorderly conduct as defined in ORS 166.025, excluding provision 1(b).
4. Furnishing liquor to a minor as defined in ORS 471.410.
5. Minor in possession as defined in ORS 471.430.
6. Unnecessary noise as defined in AMC 9.08.170.
7. Manufacture or delivery of a controlled substance as defined in ORS 475.992.
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8. Delivery of a controlled substance to a minor as defined in ORS 475.995.
9 Failure to comply with the following provisions of the Oregon Fire Code
("OFC") contained in ORS Chapter 480 and related Oregon Administrative
Rules and adopted in Ashland Municipal Code 15.28:
a. OFC 1030 - Maintain the means of egress.
b. OFC 107.5 - Overcrowding.
SECTION 2. Savings. Notwithstanding this amendment, the City ordinances in existence at the
time any criminal or civil enforcement actions were commenced, shall remain valid and in full
force and effect for purposes of all cases filed or commenced during the times said ordinances(s)
or portions thereof were operative. This section simply clarifies the existing situation that
nothing in this Ordinance affects the validity of prosecutions commenced and continued under
the laws in effect at the time the matters were originally filed.
SECTION 3. Severability. The sections, subsections, paragraphs and clauses of this ordinance
are severable. The invalidity of one section, subsection, paragraph, or clause shall not affect the
validity of the remaining sections, subsections, paragraphs and clauses.
SECTION 4. Codification. Provisions of this Ordinance shall be incorporated in the City Code,
and the word "ordinance" may be changed to `'code", "article", "section", or another word, and
the sections of this Ordinance may be renumbered or re-lettered, provided however, that any
Whereas clauses and boilerplate provisions, i. e., Sections 2-4, need not be codified, and the City
Recorder is authorized to correct any cross-references and any typographical errors.
The foregoing ordinance was first read by title only in accordance with Article X,
Section 2(C) of the City Charter on the day of 1bY_Mk-ems" , 2015,
and d y PASSED and ADOPTED this day of 2015.
Barbara M. Christensen, City Recorders
SIGNED and APPROVED this day of //dljk"2015.
Yi o Stromberg, Mayor
ed as to form:
David H. Lohman, City Attorney
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